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4mo ago

Scottish Court Mandates Single-Sex Toilets in Schools, Overruling Gender-Neutral Policies

Ruling enforces 1967 regulations, requiring costly infrastructure changes and policy revisions across Scotland.

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Lady Ross issued the order confirming state schools must have separate facilities for boys and girls

Overview

  • Lady Ross KC's ruling reaffirms that Scottish state schools must provide separate lavatories for boys and girls under 1967 regulations, making exclusively gender-neutral facilities unlawful.
  • The judicial decision stems from a legal challenge by parents Sean Stratford and Leigh Hurley against Scottish Borders Council over exclusively gender-neutral toilets at Earlston Primary School.
  • The Scottish Government, led by First Minister John Swinney, has pledged to review the judgment and update public sector policies and school guidance accordingly.
  • Local councils face potentially multimillion-pound costs to retrofit school facilities to comply with the court order, prompting widespread reviews of current practices.
  • Research by For Women Scotland reveals that only 13 of 243 state high schools fully comply with the 1967 regulations, highlighting widespread non-compliance and potential legal risks.